Terri Turnage v. HHS - other (2013)

Terri Turnage, as the natural parent of a minor child identified as M.A.T., filed a petition under the National Childhood Vaccine Injury Act on July 28, 2004, alleging that the MMR vaccine caused M.A.T.'s encephalopathy. After a fact hearing, then-Chief Special Master Golkiewicz found the petition timely filed, and respondent did not contest that the MMR vaccine was the presumed cause of M.A.T.'s encephalopathy.

On December 13, 2013, respondent filed a proffer on award of compensation, and Special Master Laura D. Millman awarded compensation pursuant to the proffer: a lump sum payment of $1,214,987.18, representing compensation for lost future earnings ($748,644.98), pain and suffering ($229,352.17), and life care expenses expected to be incurred during the first year after judgment ($236,990.03); a lump sum payment of $30,000.00 for past unreimbursable expenses; a lump sum payment of $187,627.48 to satisfy the State of Oklahoma Medicaid lien; and an amount sufficient to purchase an annuity contract for future life care expenses.

Petitioner's counsel was Peter H. Meyers, and respondent's counsel was Glenn A.

MacLeod. On June 24, 2014, petitioner applied for attorneys' fees and costs, asserting $150.00 in out-of-pocket costs.

Following informal discussions where respondent raised objections to certain items, petitioner amended her request to $94,850.00 for attorneys' fees and costs, plus the $150.00 for personal costs. Respondent did not object to the amended amount.

In a separate decision based on a stipulation of fact between the parties, Special Master Millman found the stipulated amount to be reasonable and awarded $94,850.00 in attorneys' fees and costs, payable jointly to Terri Turnage and Peter H. Meyers.

Additionally, $150.00 was awarded for petitioner's costs, payable directly to petitioner. The total fee award was $95,000.00.

The decisions note that they are unpublished but will be posted on the court's website in accordance with the E-Government Act of 2002, with a standard notice regarding redaction of sensitive information.